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U.S. DEPT. OF JUSTICE v. FLRA

No. 91-1232.

981 F.2d 1339 (1993)

UNITED STATES DEPARTMENT OF JUSTICE, United States Federal Bureau of Prisons, United States Penitentiary, Lewisburg, Pennsylvania, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, Council of Prison Locals, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 1993.

As Amended January 26, 1993.

Attorney(s) appearing for the Case

Wendy M. Keats, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., and William Kanter, Atty., Dept. of Justice, were on the brief, for petitioner.

Frederick M. Herrera, Atty., F.L.R.A., with whom William E. Persina, Sol., William R. Tobey, Deputy Sol., and Arthur A. Horowitz, Associate Sol., Federal Labor Relations Authority, were on the brief, for respondent.

Stuart A. Kirsch, Asst. Gen. Counsel, American Federation of Government Employees, Council of Prison Locals, with whom Mark D. Roth, Gen. Counsel, American Federation of Government Employees, was on the brief, for intervenor American Federation of Government Employees, Council of Prison Locals.

Before: EDWARDS, RUTH BADER GINSBURG and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

On January 6, 1989, Lieutenant John Klopf, a supervisor at the federal penitentiary in Lewisburg, Pennsylvania, ordered Samuel L. Miller, a correctional officer, to stay at his post past his regular work shift. Miller sought permission to take a break to attend to a medical condition, but Lieutenant Klopf denied his request. A few hours later, Miller collapsed at...

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